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13 April 2007 / Louis Flannery KC
Issue: 7268 / Categories: Features , Procedure & practice , Profession , Arbitration
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Arbitration rules

Louis Flannery reviews two important appellate decisions showing judicial support for arbitration

In Fiona Trust and Holding Corp v Privalov [2007] EWCA Civ 20, [2007] All ER (D) 169 (Jan), the Court of Appeal looked at the concept of separability of arbitration clauses in contracts. It grappled with problems that arise where a party to a contract containing an arbitration clause allegedly tainted by illegality seeks to challenge the jurisdiction of the arbitrator to consider any claims under the contract.

In West Tankers Inc v AS Riunione Adriatica di Sicurta SpA, The Front Comor [2007] UKHL 4, [2007] All ER (D) 249 (Feb), the House of Lords referred to the European Court of Justice (ECJ) the question of whether or not anti-suit injunctions are still available to restrain court proceedings brought in breach of an arbitration clause following two recent ECJ decisions that might suggest otherwise.

Fiona Trust: the facts

The contracts in Fiona Trust and Holding Corpn v Privalov [2006] EWHC 2583 (Comm), [2007] 1 All ER (Comm) 81, were time charterparties. It was alleged by the shipowner claimants that the

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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